GOPAL GAUSHALA Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) By this writ petition, the petitioners are challenging the orders dated 31.3.1995 and the order dated 6.3.1999 passed by the A.D.M. (Finance), Banda and by the Commissioner, Banda Division, Banda respectively.

(2.) The case of the petitioners, in brief, is that the petitioner is a religious and charitable Society situate in Rasin, Banda and was established in the year 1928 by late Shri Shambhu Prasad. The Society was registered under the Societies Registration Act, 1860 in the year 1936 and registration no. 40/36-86 was allotted. The aims and objects of the Society was the promotion of Hindi and Sanskrit languages and to serve handicapped and disabled cows etc. For the purposes of improvement of Hindi and Sanskrit languages a Sanskrit Mahavidyalay in the name of Gopal Hindi Sanskrit Pathshala, Rasin was established and for the purposes of protection of disabled cows a Gopal Gaushala was established in Rasin itself. The Society has also established Sankatmochan, Smt. Phoolmati Devi and Radha Krishna temples. After the enactment of Gaushala Adhiniyam, 1964 the Gaushala maintained and managed by the Society was also registered with the Registrar, Gaushala U.P. Lucknow.

(3.) The case of the petitioner further is that one Shesh Narain alongwith Shri Ram Chandra misappropriate and mismanaged the affairs of the Society whereupon the petitioner no. 2 filed a suit no. 146 of 1969 (Jamuna Prasad Vs. Hardeo Jee) under Section 92 of the Code of Civil Procedure . The suit was decreed in favour of the petitioner no. 2 who was appointed as Survroykar (trustee) of the entire Trust. Subsequently, the elections of the Society were held and the petitioner no. 2 was elected President thereof.